Appellate

  • September 24, 2021

    Fed. Circ. Eases Serving Of Patent Suits On Foreign Cos.

    A recent Federal Circuit decision likely provides a route for judges and plaintiffs in patent cases to circumvent an international treaty that creates hurdles when serving complaints on foreign defendants, potentially speeding up some proceedings by many months, attorneys say.

  • September 24, 2021

    2nd Circ. OKs Vimeo's Removal of LGBTQ Conversion Videos

    The Second Circuit on Friday affirmed dismissal of Church United's claim that Vimeo discriminated by deleting its account over videos promoting gay conversion, saying the mere fact Vimeo didn't remove other videos with references to LGBTQ sexual orientation isn't enough to show discriminatory intent.

  • September 24, 2021

    Pa. Eatery Wants Virus Insurance Suit Paused For 3rd Circ.

    A Pittsburgh restaurant has asked a Pennsylvania federal court to pause its lawsuit seeking insurance coverage for pandemic-related losses, saying the Third Circuit is now considering a group of consolidated appeals that could resolve most of the case's issues.

  • September 24, 2021

    DirecTV Arbitration Clause 'Pro-Consumer,' 4th Circ. Told

    DirecTV has urged the Fourth Circuit to overturn a lower court's decision to keep a proposed class action over robocalls out of arbiters' hands, saying its arbitration agreement has "pro-consumer" benefits and customers are well aware of what they are signing.

  • September 24, 2021

    Fla. Panel Says Trial Court Must Rule If Game Is Illegal Slot

    A Florida appeals court on Friday found that a game room's operators had brought a triable issue before a lower court when they sought a ruling on whether an electronic game that local officials said they had to stop offering actually qualifies as a slot machine and violates state laws.

  • September 24, 2021

    At Fed. Circ., Fintiv Fights To Keep Apple Trial In Waco

    The software company Fintiv shot back against Apple's attempts to keep its jury showdown in a patent dispute in an Austin courthouse that's currently holding few trials because of the COVID-19 pandemic.

  • September 24, 2021

    Fed. Circ. Rebukes Judge Albright For Still Avoiding Transfers

    The Federal Circuit on Friday ordered U.S. District Judge Alan Albright to transfer six WSOU Investments patent infringement suits against Juniper Networks from Texas to California, holding the nonpracticing entity can't use a Texas litigation office to justify venue and chiding the judge for ignoring recent rulings against him.

  • September 24, 2021

    4th Circ. Won't Reconsider NC Pollution Fine Against Marines

    The Fourth Circuit on Friday refused the U.S. Marine Corps' request to reconsider a split panel decision to uphold a civil penalty against the military branch for failing to comply with the emissions limitations for one of its coal-fired boilers in North Carolina.

  • September 24, 2021

    Del. Hospital Can't Be Forced To Give Ivermectin For COVID-19

    A Delaware hospital can't be forced to treat a COVID-19 patient with ivermectin, an anti-parasite drug used on humans and animals touted by some as an alternative COVID-19 treatment, because the controversial treatment does not align with the prevailing standard of care, a Delaware Chancery Court judge ruled Friday.

  • September 24, 2021

    Vendor Co. Fights Airport's 'Pepsi Only' Rule At 3rd Circ.

    An airport vendor company urged the Third Circuit on Friday to revive its antitrust challenge to the Philadelphia International Airport's rule limiting nonalcoholic beverage sales to Pepsi products, arguing it had sufficiently defined a "relevant" geographic market where competition was injured.

  • September 24, 2021

    Colonial Gas Mixing Illegal, Shipper Tells 3rd Circ.

    A Third Circuit panel on Friday questioned whether a dispute over a Colonial Pipeline Co.-affiliated refiner's mixing of butane with a shipper's gasoline would be better resolved by the Federal Energy Regulatory Commission than the courts.

  • September 24, 2021

    Texas Justices To Hear Chick-Fil-A Airport Exclusion Row

    The Texas Supreme Court on Friday agreed to hear a lawsuit challenging the San Antonio City Council's decision to exclude Chick-fil-A from operating a restaurant in the city's airport, after a lower appellate court found governmental immunity barred the claims.

  • September 24, 2021

    Pa. Woman's Tetanus Vaccine Injury Suit Tossed On Appeal

    A Pennsylvania appellate panel on Friday tossed a suit seeking to hold a hospital liable for injuries a woman allegedly suffered due to a negligently performed injection of a tetanus vaccination, saying the claims are preempted by a federal vaccine injury law.

  • September 24, 2021

    Arb. Clause Applies To MDs In Vaccine Suit, 3rd Circ. Told

    Merck Sharp & Dohme Corp. urged the Third Circuit on Friday to order doctors who filed antitrust claims over children's vaccine prices to resolve the dispute out of court, saying they are bound by an arbitration clause in the agreements between the pharmaceutical powerhouse and physician buying groups.

  • September 24, 2021

    11th Circ. Won't Revive Suit Over Worker's Head Injury

    The Eleventh Circuit on Friday sided with SEW-Eurodrive Inc. in a suit alleging that its negligence led to a tool falling onto a contracted worker's head and injuring her, saying the company did not have a duty to her.

  • September 24, 2021

    House Panel Urges DC Circ. To OK Full Trump Subpoena

    A congressional committee urged the D.C. Circuit to allow for full enforcement of the committee's subpoena seeking financial records from former President Donald Trump's accounting firm, saying a lower court wrongly circumscribed the request because of unsupported separation-of-powers concerns.

  • September 24, 2021

    Texas Justices To Weigh If Bluestone Underpaid Gas Royalties

    The Texas Supreme Court on Friday agreed to review a Barnett Shale mineral interest owner's dispute with BlueStone Natural Resources that challenges whether the company is allowed to reduce royalties to account for costs incurred transporting gas via a gathering system.

  • September 24, 2021

    Judge Pushes To Update Arbitration Law For 21st Century

    A Third Circuit judge has sent a strong signal that it's time for Congress to revamp a 96-year-old federal law's provision freeing certain transportation workers from workplace arbitration clauses, given that it lags behind in the era of phone app-based delivery work generated by Big Tech's growing footprint.

  • September 24, 2021

    3rd Circ. Orders Rethink Of 'Issue' Class Cert. In Fraud Case

    A Pennsylvania federal court erred when it certified a class of hospital patients treated by a doctor who was practicing under a false identity because it failed to follow all the steps necessary for handling a class limited only to certain issues within a case, the Third Circuit ruled Friday.

  • September 24, 2021

    7th Circ. Panel Says Walmart Can't Rewrite Facts In ADA Trial

    A Seventh Circuit panel on Friday suggested Walmart hasn't "come to grips" with the evidence presented at a trial in which jurors found the retailer violated the Americans with Disabilities Act by pushing out a longtime employee who needed a job coach.

  • September 24, 2021

    9th Circ. Gives Go-Ahead To CRT Settlement

    The Ninth Circuit said that it will not reconsider settlements between makers and certain purchasers of cathode ray tubes and denied efforts to intervene by members of the purchasing class who were not part of the settlements.

  • September 24, 2021

    Colleges Eye Appeal After Athletes OK'd To Pursue Wage Suit

    Five universities are seeking to immediately appeal a Pennsylvania federal judge's ruling that allowed a proposed class of student athletes to sue for minimum wage pay, arguing Thursday that other courts have clearly held that college players are not employees.  

  • September 24, 2021

    Navajo Nation, DOI Agree To Remand In 9th Circ. Land Fight

    The Department of the Interior has joined the Navajo Nation in asking the Ninth Circuit to send a land trust dispute back to district court, agreeing that the tribe should be allowed to file an amended complaint against the government.

  • September 24, 2021

    Fla. Says Biden Immigration Policies Violate Law

    Florida told the Eleventh Circuit on Friday that two Biden administration policies temporarily narrowing the types of migrants prioritized for removal run afoul of the Immigration and Nationality Act's mandatory detention provision that requires detention of criminal noncitizens.

  • September 24, 2021

    Texas Justices Won't Hear Tax Dispute Over $4.8M Jet

    The Texas Supreme Court denied a petition for review Friday in a case seeking to invalidate a lower court's ruling upholding a tax assessment and fraud penalty on a company's purchase of a $4.8 million business jet.

Expert Analysis

  • Fla. Business Judgment Ruling May Benefit US Country Clubs

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    The recent Florida appellate court ruling in Share v. Broken Sound Club fills the void in case law applying the business judgment rule to country clubs, highlights the broad scope of authority granted to these clubs across the state, and carries potential nationwide industry benefits, say Eric Coleman and Ryan Roman at Akerman.

  • What Plaintiffs Can Do If J&J Succeeds In Bankruptcy Strategy

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    If Johnson & Johnson is successful in its proposed divisive merger — a company split where all liabilities are shifted to a new company that files for bankruptcy — J&J tort plaintiffs will need to stick together to use the Bankruptcy Code's tools, including its voting mechanisms, to exert leverage on the debtor company, says Edward Neiger at Ask.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Fed. Circ. Micron IP Ruling Raises Damages Disclosure Bar

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    The Federal Circuit's recent decision in MLC v. Micron, upholding the exclusion of expert testimony on patent damages evidence, may heighten initial discovery burdens, underscoring the importance of providing proper disclosure of damages-related information and positions prior to expert discovery, say Joel Wacek and Brynna Smith at Hoffman Alvary.

  • PAGA Ruling Unlocks Manageability Defense For Employers

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    A California appellate court’s recent first-of-its-kind holding in Wesson v. Staples recognized that claim manageability issues can apply to Private Attorneys General Act cases, opening a path for employers to argue that individualized inquiries and other time-consuming elements make a case too burdensome, say Thomas Kaufman and Harrison Thorne at Sheppard Mullin.

  • Navigating Bar To Patentability In 3rd-Party Secret Sales

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    Because courts and litigators have improperly extended an exception to the on-sale bar to patentability in a manner that could exclude all third-party secret sales, practitioners should be wary of the potential pitfalls in proving an on-sale bar, say Daniel Tishman and Brian Livedalen at Fish & Richardson.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • How Calif. High Court Rulings Narrow Prevailing Wage Law

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    Two recent rulings by the California Supreme Court in Mendoza v. Fonseca McElroy Grinding and Busker v. Wabtec should come as good news to public works construction contractors, subcontractors and suppliers, as they clarify and limit the scope of the state’s prevailing wage law in several important ways, say Laurence Phillips and Tyler Paetkau at Procopio Cory.

  • Bankruptcy Courts' Equitable Discretion May Be In Danger

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    The Eighth Circuit’s recent equitable discretion decision in VeroBlue sends a warning to practitioners and the bench that courts' overuse of this bankruptcy doctrine in dismissing post-plan confirmation appeals may result in elimination of the useful tool altogether, say Brian Shaw and Mark Radtke at Cozen O'Connor.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Privacy Now Looms Large In Antitrust Enforcement

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    Recent moves by the Biden administration as well as court decisions indicate that privacy is likely to play an increasingly important role in antitrust litigation, both as a justification used to defend against allegations of anti-competitive conduct, and as an element of product quality that can be restricted or diminished as a result of anti-competitive conduct, say attorneys at Sheppard Mullin.

  • Lessons From 3rd Circ. COVID Biz Interruption Ruling

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    The Third Circuit's recent DiAnoia's v. Motorists Mutual Insurance decision, directing district courts to reevaluate their remand of three pandemic-related business interruption cases to state courts, holds a lesson that determining Declaratory Judgment Act jurisdiction requires a rigorous analysis of all factors, says Regen O'Malley at Gordon Rees.

  • What Forced Arbitration Ruling Means For Calif. Employers

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    As a result of the Ninth Circuit's surprising, peculiar decision this week in Chamber of Commerce v. Bonta, employers in California once again face the very real prospect of incurring criminal and civil penalties for simply requesting that employees and applicants agree to arbitrate future disputes, says Anthony Oncidi at Proskauer.

  • Mass. 7-Eleven Case Carries Broad Employment Ramifications

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    The 7-Eleven worker classification case pending in Massachusetts' highest court calls franchising models into question and is likely to have repercussions beyond the Bay State as various local, state and federal regulators try to apply employment law to business relationships that may not fall neatly into either the employee or independent contractor category, says Hugh Murray at McCarter & English.

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